(A) Applicability. The Planning and Inspections Director shall approve or disapprove minor subdivision plats in accordance with the provisions of this section. A minor subdivision, as defined in Chapter 163, is a residential subdivision involving ten or fewer lots fronting on an existing approved public street(s), not requiring a new street, easement, extension of utilities or any other improvement to be installed or guaranteed prior to final plat approval, and not requiring a waiver or variance from any requirement of the UDO. If a new school site is planned within the boundaries of a proposed subdivision according to § 158.089, or if the subdivider proposes an Owner’s Association according to § 158.09, the plat shall be considered a major plat and follow all requirements and standards for major plats pursuant to this chapter.
(B) Minor subdivision review and approval procedures. The minor subdivision review process shall include the preparation of a Minor Subdivision Plat which shall be reviewed and approved as a final plat by the Planning and Inspections Director.
(1) The applicant for minor subdivision plat approval shall submit to the Planning and Inspections Director, a plat drawn in waterproof ink on a sheet made of material and of a size that will be acceptable to the Craven County Register of Deeds Office for recording purposes. When more than one sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision.
(2) The minor subdivision plat shall be prepared by a professional land surveyor or professional engineer licensed to render that service in the state and shall contain the information specified in Appendix A, the applicable certificates required in Appendix B, permanent reference points pursuant to § 158.07, as well as all of the additional information required by G.S. § 47-30 and G.S. § 39-32.3, x A.
(3) If the subdivision is a minor subdivision as the result of a proposed conveyance of property to the city, the minor subdivision plat shall include a statement that the plat is not valid if the proposed conveyance to the city is not closed within one year of the recording of the plat.
(4) The Planning and Inspections Director and the Technical Review Committee (TRC) shall review the minor subdivision plat.
(5) The Planning and Inspections Director shall take expeditious action on an application for minor subdivision plat approval. A decision shall be rendered by the Planning and Inspections Director within 30 days after submission of the proposed minor subdivision plat. If no decision is rendered by the Planning and Inspections Director within the required 30-day period, the applicant may appeal to the Board of Commissioners for review of the application under the major subdivision preliminary plat approval process (§ 158.05). Either the Planning and Inspections Director or the applicant may at any time refer the application to the major subdivision approval process.
(6) Subject to division (B)(4) above the Planning and Inspections Director shall approve the proposed subdivision unless the subdivision is not a minor subdivision as defined in Chapter 163 or the application or the proposed subdivision fails to comply with the requirements of this chapter or any other applicable requirement of the UDO.
(7) If the Minor Plat is not in compliance with this chapter or other requirements of the UDO, the subdivider shall be given an opportunity to submit a revised plat. If a revised plat is not submitted within 60 days, the Planning and Inspections Director will disapprove the plat.
(8) If the minor subdivision plat is approved, the approval shall be shown by a signed Certificate of Minor Plat Approval (see Appendix B) on five copies of the minor plat and on the original.
(9) If the subdivision is disapproved, the Planning and Inspections Director shall promptly furnish the applicant with a written statement of the reasons for disapproval. The applicant may appeal the decision by requesting that the minor subdivision plat be scheduled for review by the Board of Commissioners according to the same review and approval procedures set forth in § 158.06 for final approval of major subdivision plats. Appeals shall be filed within 60 days of the date of the decision that the Planning and Inspections Director disapproves the plat.
(10) Approval of any plat is contingent upon the plat being recorded with the County Register of Deeds within 90 days after the date the Certificate of Approval is signed by the Planning and Inspections Director or designee. Failure to record the approved plat within the specified 90-day period shall render the plat null and void.
(11) The approval of the final minor plat pursuant to these regulations shall not be deemed to constitute or affect the acceptance by the city, a governmental unit or a public body of the dedication of any lands or facilities shown on the plat. However, the Board of Commissioners may, by resolution, accept any dedication made to the public of lands and facilities when they are located within its subdivision regulation jurisdiction. Acceptance of dedication of land or facilities located within the subdivision regulation jurisdiction but outside the corporate limits of the city shall not place on the city any duty to open, operate, repair or maintain any land or facilities; and the city shall in no event be held to answer in any civil action or proceeding for failure to open, repair or maintain any land or facilities located outside the corporate limits.
(12) Notification of decision. Notice of the decisions shall be provided in writing to the property owner and to the applicant, if not the owner. The notice shall be provided by personal delivery, electronic mail, or by first-class mail to the last address listed on the County tax record for the property owner and to the address listed on the application if the applicant is not the property owner.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)